R. v. Paul

R. v. Paul

A custodial sentence was required because the offender continued substance abuse after the offence and repeatedly breached court orders, creating ongoing risk to the public; a conditional sentence was therefore inappropriate and the appropriate sentence was six months imprisonment followed by two years probation and a ten year firearms prohibition.

Citation
2003 NSSC 28
Parties
Crown: Her Majesty the Queen; Defendant: Allan Michael Paul
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
9 January 2003
Procedural Posture
Criminal Weapons Offence / Sentencing
Outcome
Guilty plea; sentenced to six months imprisonment, followed by two years probation, and a ten year firearms prohibition.
Legal Topics
Section 88(2) Criminal Code, Conditional Sentence, Probation, Firearms Prohibition, Sentencing Principles
Source Language
English
Criminal Law Sentencing Firearms Law Aboriginal Offenders Section 88(2) Criminal Code Conditional Sentence Probation Firearms Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Allan Michael Paul

Defendant

Procedural Posture

Criminal Weapons Offence / Sentencing

Legal Issues

  1. 1 Whether a conditional sentence is appropriate
  2. 2 Appropriate length of custodial sentence for carrying a firearm for dangerous purpose
  3. 3 Application of mandatory firearms prohibition

Ratio Decidendi

A custodial sentence was required because the offender continued substance abuse after the offence and repeatedly breached court orders, creating ongoing risk to the public; a conditional sentence was therefore inappropriate and the appropriate sentence was six months imprisonment followed by two years probation and a ten year firearms prohibition.

Court Disposition

Guilty plea; sentenced to six months imprisonment, followed by two years probation, and a ten year firearms prohibition.

Orders

  • Six months imprisonment
  • Two years probation with standard conditions: keep the peace and be of good behaviour, appear in court when required, supervision by and reporting to a probation officer